These additional layers of review are in keeping with the purpose of Mitchell Lama, which is to provide "safe and sanitary dwelling or non-housekeeping accommodations" for families and individuals of low and lower-middle income, including individuals who are handicapped or are senior citizens (PHFL § 11 see PHFL § 11-a Richman Plaza Garage Corp. Moreover, if HPD issues the certificate, the tenant has a right to seek judicial review under Article 78 of the CPLR (id.). HPD only issues the certificate of eviction if it is satisfied that there are grounds for the landlord to proceed to Housing Court (id.). The New York City Rules and Regulations mandate the issuance of a preliminary notice to the tenant setting forth the basis for the proposed eviction, and further require HPD to conduct an administrative hearing on the matter (28 RCNY 3-18 Wong, 308 AD2d at 304).
Before a landlord can terminate a Mitchell Lama tenancy in Housing Court, HPD must conduct a termination hearing and issue a certificate of eviction (id. As such, HPD has primary jurisdiction over matters relating to her residence (see Wong v Gouverneur Gardens Housing Corp., 308 AD2d 301, 303-04 ). Since 2007, petitioner, who has mental and physical health problems, has resided in Mitchell Lama housing (see Private Housing Finance Law (PHFL §§ 10 et seq) at Clinton Towers in Manhattan. For the reasons below, the Court denies the cross-motion and directs respondents HPD and Clinton Towers to serve and file their answers. HPD brings a pre-answer cross-motion to dismiss on the grounds of mootness and failure to state a cause of action. Accordingly, it turns to the underlying petition. The parties consented to a stay of the Housing Court proceeding, so the Court does not address the application for a temporary restraining order and preliminary injunction. (Clinton Towers) to commence eviction proceedings without the necessity of the requisite hearing before HPD, and remanding the matter back to HPD for a proper review. Petitioner commenced this proceeding by order to show cause, seeking to stay the pending eviction proceeding and to obtain an order and judgment that the New York City Department of Housing Preservation and Development (HPD) committed an error of law when it allowed respondent Clinton Towers Housing Co., Inc.
Gutman, Mintz, Baker, & Sonnenfeldt for Clinton Towers (has not appeared yet, and did not participate in argument), 813 Jericho Turnpike, New Hyde Park, NY 11040 Magsino, 100 Church Street, room 5-175, New York, NY 10007 Counsel - by Sheryl Neufeld, Michelle Goldberg-Cahn, & Teresita V. by John Bart, of counsel to Jeannete Zelhof, 299 Broadway, 4th Floor, New York, NY 10007įor HPD: Zachary W. Vicki Been, as Commissioner of the New York City's Department of Housing Preservation and Development, And CLINTON TOWERS HOUSING CO., INC., Respondents.įor Petitioner: MFY Legal Services, Inc. In the Matter of the Application of Billie Jean Delgado, Petitioner, For a Judgment Pursuant to Article 78 and Declaratory Relief Pursuant to Section 3001 of the Civil Practice Law and Rules This opinion is uncorrected and subject to revision before publication in the printed Official Reports. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
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